The Appellate Division of the Supreme Court of New York has recently affirmed the dismissal of a legal malpractice claim. In Rodriguez v Jacoby & Meyers, LLP, a client was injured in a rear-end car accident and subsequently retained a lawyer to represent him in a case against the other driver. Several years into the lawsuit, the lawyer filed a motion for summary judgment, seeking to establish liability. The motion was denied and the client then terminated the lawyer. He retained new counsel, who subsequently appealed the denial of the motion.
The Minnesota Court of Appeals affirmed the dismissal of a legal malpractice, on the basis that the clients had not provided sufficient evidence to support their claims. In Roseland v. Wentzell, a couple owned several parcels of farmland, which they had mortgaged to secure a loan from their bank. They later defaulted on their mortgage payments, and hired an attorney to represent them in bankruptcy proceedings.
The Supreme Court of Nebraska has vacated a trial court’s order granting a client’s motion for a new trial, and affirmed a jury verdict in favor an attorney. In Balames v. Ginn, a client filed a legal malpractice claim against his attorney, alleging that he had negligently failed to obtain the signatures of the client’s business partners as guarantors of a person loan the client made to the business. When the business subsequently defaulted on the loan, the client first discovered that the partners had never signed the loan agreement, and the guaranty was therefore unenforceable against them. Continue reading
The Michigan Court of Appeals reversed the dismissal of a legal malpractice action after determining that a material question of fact remained concerning when the attorney-client relationship had ended, and whether or not the malpractice claim had been brought within the applicable limitations period. In Downs v. Dib, a client hired an attorney to represent her in a medical malpractice case, stemming from the death of her daughter during childbirth. Continue reading
The Vermont Professional Responsibility Board has ordered that an attorney receive a public reprimand for violating multiple Vermont Rules of Professional Conduct. In the matter of John Burke, the estate of a deceased Ohio man hired a Vermont attorney to assist in transferring property in Vermont owned by the decedent to his son. Continue reading
A Magistrate Judge in the United States District Court for the District of New Jersey has held that an attorney defending a legal malpractice suit, is not limited to the discovery previously conducted in an underlying action. In Smith v. DeZao, a family hired an attorney to represent them in a wrongful death suit against a New Jersey timeshare company, which booked a vacation for the family at a resort in Mexico. Continue reading
The Supreme Court of Idaho has reversed the dismissal of a legal malpractice action on the basis that the case was not time-barred under the applicable statute of limitations. In Minnick v. Ennis, a husband and wife owned a large tract of land in Idaho, which they intended to develop into a residential subdivision. They hired an attorney to assist them with the project. Continue reading
The Office of the Presiding Disciplinary Judge, located in Denver, has suspended a Colorado attorney from practicing law, following an investigation by the Colorado Office of Attorney Regulation Counsel (“ARC”). In People v. Samuel Reyes Escamilla, an attorney was disciplined as a result of his conduct in three separate client matters. Continue reading
The Supreme Court of Kansas has disbarred an attorney for his conduct as defense counsel in a capital murder case. In the Matter of Hawver, a Kansas attorney represented a criminal defendant accused of murder, despite having no prior experience trying capital murder cases. He also did not associate with competent co-counsel, or obtain additional training or education to become competent.
The New York Appellate Division has affirmed a judgment dismissing a legal malpractice claim against a New York attorney and his law firm. In Mizuno v. Nunberg, a client hired an attorney to represent him in bankruptcy proceedings, after a bank foreclosed on the client’s property. The client was unable to stop the foreclosure, and then filed a legal malpractice action against the attorney. He was successful in that action and recovered the value he lost as a result of the foreclosure sale.